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CENTURY FACTORS, INC. v. NEW PLAN REALTY CORP.

41 N.Y.2d 1040 (1977)

Century Factors, Inc., Appellant, v. New Plan Realty Corporation, Respondent.

Court of Appeals of the State of New York.

Decided April 28, 1977.

Attorney(s) appearing for the Case

Samuel Gottlieb, Eugene H. Feldman, Milton Shalleck and Nathan Silverman for appellant.

Bernard Gartlir, Joseph Halper and H. Bruce Allen for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed. We agree that "[t]he obligation of the defendant, though consisting of two promises, is in truth a single obligation requiring the plaintiff to assert its full claim in one action. Failure to do so results in the splitting of a cause of action which is prohibited (Roe v Smyth, 278 N.Y. 364, 369; Columbia Corrugated Container Corp. v Skyway Container...

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